DEAN STOLZER, APPELLANT,
v.
MAGIC TILT TRAILER, INC. AND UNITED SELF INSURED SERVICES, APPELLEES
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Dean Stolzer appeals a workers' compensation decision denying him attorney's fees because the trial court retroactively applied a 2002 amendment to section 440.34(3), Florida Statutes, which extended the period before attorney's fees attach from 14 to 30 days. The First District Court of Appeal reversed, holding that substantive statutory amendments cannot be applied retroactively.
No. The court held that because the amendment constitutes a substantive change to the statute, it cannot be retroactively applied to claims arising before its effective date. Therefore, the original 14-day provision applies to Stolzer's claim, and the trial court's denial of attorney's fees was erroneous.
[1] Substantive statutory amendments cannot be retroactively applied.
[2] An amendment to the attorney's fee statute, which alters the time frame for an employer/carrier to provide benefits before becoming responsible for attorney's fees, is a…
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Join FLexlaw to unlock all legal intelligence“the established precedent from the Florida Supreme Court and this court is clear that the amendment cannot be retroactively applied”
States the controlling legal principle that substantive statutory amendments cannot have retroactive effect
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Join FLexlaw to unlock all legal intelligenceStolzer suffered a compensable motor vehicle accident on April 11, 2000, and filed a petition for permanent total disability benefits. The Judge of Co…
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PER CURIAM.
Dean Stolzer, claimant below, appeals a final order of the Judge of Compensation Claims determining that section 440.34(3), Florida Statutes (2002)1 retroactively applied to the petition for permanent total disability benefits filed as a result of his compensable motor vehicle accident on April 11, 2000, and therefore an award of attorney’s fees was precluded. We reverse.
The parties agree that this amendment to the attorney’s fee statute, which allows the employer/carrier 30 days rather than 14 days within which to provide benefits before being responsible for payment of attorney’s fees, is a substantive change to the statute. Accordingly, the established precedent from the Florida Supreme Court and this court is clear that the amendment cannot be retroactively applied. Sullivan v. Mayo, 121 So. 2d 424, 428 (Fla.1960); Phillips v. City of West Palm Beach, 70 So. 2d 345, 346 (Fla.1953); Vilches v. City of Dunedin, 738 So. 2d 990, 991 (Fla. 1st DCA 1999); Baptist Manor Nursing Home v. Madison, 658 So. 2d 1228, 1230 (Fla. 1st DCA 1995); City of Crestview v. Howard, 657 So. 2d 73, 74 (Fla. 1st DCA 1995); Kraft Dairy Group v. Sorge, 634 So. 2d 720, 721 (Fla. 1st DCA 1994); Mueller v. Searcy, 418 So. 2d. 397, 399 (Fla. 1st DCA 1982); Ship Shape v. Taylor, 397 So. 2d 1199, 1201 (Fla. 1st DCA 1981); see also Ace Disposal v. Holley, 668 So. 2d 645, 646 (Fla. 1st DCA 1996).
REVERSED.
KAHN, WEBSTER and VAN NORTWICK, JJ„ concur. . That statute provides in pertinent part:
Regardless of the date benefits were initially requested, attorney's fees shall not attach under this subsection until 30 days after the carrier or employer, if self-insured, receives the petition.
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Menendez v. Progressive Express Ins. Co., Inc., 35 So. 3d 873 (Fla. 2010)…, and Young v. Altenhaus, 472 So. 2d 1152 (Fla.1985), and the decisions of the First District Court of Appeal in Walker v. Cash Register Auto Insurance of Leon County, Inc., 946 So. 2d 66 (Fla. 1st DCA 2006), and Stolzer v. Magic Tilt Trailer, Inc., 878 So. 2d 437 (Fla. 1st DCA 2004). Because we conclude that the 2001 amendment creating the statutory presuit notice provisions constitutes a substantive change to the statute, we hold that it cannot be retroactively applied to insurance policies issued before th…1 / 2
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The Bionetics Corp. v. Kenniasty, 69 So. 3d 943 (Fla. 2011)…3 So. 2d 231, 236 (Fla.2001)). Further, district courts have concluded that statutory provisions which impose limitations on the right to recover attorney’s fees are substantive in nature. See, id. at 879 (citing Stolzer v. Magic Tilt Trailer, Inc., 878 So. 2d 437, 438 (Fla. 1st DCA 2004) (holding that a statutory amendment allowing an employer or carrier thirty rather than fourteen days to provide workers’ compensation benefits before being responsible for attorney’s fees was a substantive change in the stat…
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Walker v. Cash Register Auto Ins. OF Leon Cnty., Inc., 946 So. 2d 66 (Fla. 1st DCA 2006)…attorney’s fees by creating a safe period for withdrawal or amendment of meritless allegations and claims. The withdrawal or amendment of a claim, allegation or defense could substantively alter a case. Compare, Stolzer v. Magic Tilt Trailer, Inc., 878 So. 2d 437 (Fla. 1st DCA 2004)(holding that statutory amendment to Chapter 440, Florida Statutes, that allowed employer/carrier 30 days, rather than 14 days, within which to provide benefits before being responsible for payment of attorney fees, was substantiv…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sullivan v. Mayo, 121 So. 2d 424 (Fla. 1960)
- Walker v. State, 397 So. 2d 1199 (Fla. 2d DCA 1981)
- ACE Disposal & Fla. Air Condition Contractors v. Holley, 668 So. 2d 645 (Fla. 1st DCA 1996)
- Phillips v. City of W. Palm Beach, 70 So. 2d 345 (Fla. 1953)
- City OF Crestview & Ins. Servicing Adjusting Co. v. Howard, 657 So. 2d 73 (Fla. 1st DCA 1995)
- Baptist Manor Nursing Home & Sedgwick James of Fla., Inc. v. Madison, 658 So. 2d 1228 (Fla. 1st DCA 1995)
- Kraft Dairy Grp. & Ideal Mut. Ins. Co. v. Sorge, 634 So. 2d 720 (Fla. 1st DCA 1994)
- C. F. Mueller & the Hartford Ins. Grp. v. Searcy, 418 So. 2d 397 (Fla. 1st DCA 1982)
- Clewis v. State, 738 So. 2d 990 (Fla. 3d DCA 1999)
- Ivo Vilches v. City OF Dunedin & Alexsis, Inc., 738 So. 2d 990 (Fla. 1st DCA 1999)